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Articles Posted in miami trust attorney

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Florida Probate or Trust Administration Document Checklist

____    1.         Minimum of 10 death certificates (these can usually be obtained through the funeral home) ____    2.         Original Will and all codicils (or amendments to the Will) Note:   If you have the original, either personally deliver to the attorney’s office or send via Federal Express or certified mail. ____    3.        …

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10 Important Legal Rights for “Qualified Beneficiaries” under a Florida Trust

Know your rights.  If you are a qualified beneficiary of a Florida trust you have important legal rights protected by Florida law. The trustee of an irrevocable trust in Florida is a fiduciary with numerous responsibilities that run like a laser beam to the qualified beneficiaries.  See our 12 Point…

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Securing Payment of Child Support with a Children’s Safe Harbor Trust

By: Phillip B. Rarick, Esq. Most divorce judgments call for one of the parties to obtain a life insurance policy for securing the payment of child support, alimony or some other financial obligation.  Let’s assume the obligation is solely child support:  a potential mistake is failure to secure payment of…

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Florida Trust Services For Family Law Attorneys

By Phil Rarick, Esq., Miami Trust Attorney Family law attorneys are increasingly using trusts to secure and safeguard the payment of financial obligations in their marital settlement agreements.  Such trusts can provide the following key benefits: Security that payments will be made in a timely fashion Assurance that the monies will…

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Consider Non-Family Member as Successor Trustee

One of the most important decisions a baseball manager must make is his batting order – it can mean the difference between a win or loss.  (We will not digress to the Marlin’s management decisions – although this is tempting.) One of the most important decisions you can make for…

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Beware of Creditor Harassment Upon Death of Your Spouse or Family Member

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member.  However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a…

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7 Point Legal Checklist for Same Sex Couples:  Critical Action Items To Review Now

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. For same-sex couples living in Florida, now is the time to take full advantage of rights long delayed to make sure that your spouse or partner is cared for come rain or shine.  Here is a checklist of some of…

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What Is A Living Will (It is Not a Will)

By Phillip B. Rarick, Miami Trust Attorney A Living Will is not a will and it is not a living trust.  It is simply detailed, legally binding instructions to your physician that you do not want to be maintained in a persistent vegetative state if there is zero possibility of…

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What Is A Living Trust- And What Are the Benefits?

Within the past 10 years, the Living Trust has replaced the Will as the best way to care for you and your loved ones because it can avoid the fees, cost, and stress of court intervention in the event of mental incapacity or death.  Properly funded, a living trust can…

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Deadline for Annual Gifting is December 31; Consider Gifting Trust

By Phillip B. Rarick, Miami Trust Attorney You have a valuable tax benefit from the IRS, but the deadline for taking advantage of this benefit is December 31.   The IRS allows you to gift $14,000 per recipient each year tax free; if married, you can gift $28,000 per person. Example: …

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